Turkish national marrying French national

[dojan]

Hello, I am writing on behalf of my friend.
She is a Turkish national in the UK and on a student visa which expires in October. She is living with her french boyfriend (been together about a year). He has been in the UK for five years, working for most of the time.
My friend wants to get married to her boyfriend.
She is worried that she cannot apply for permission to remain as she is not yet married. Is this true?
Also, she heard that maybe she can apply for indefinite stay once she is married as her husband has been here long enough. Is this right?
Please can you responsd as soon as possible as my friend is about to arrange her marriage with french consulate.
Thanks very much
Dojan

[gulgon]

Yes indeed, she will have almost all rights of an EU citizen in any part of the EU.. As far as she is married with him, she will be able to stay without any problem...

Gerci bizim mahallenin kizini elin ogluna vermek olmaz ama, neyse basarilar ;0)

[Kayalami]

Dojan,

1. EU law gives the dependents of EU nationals accompanying the EU national the right to reside in a third member country where the EU national is exercising treaty rights i.e. employment/ self employment. EU law recognises dependents as only your legal spouse, natural/ adopted children under 21 and family members in the ascending line father, grandfather etc. Until the marriage your friend has no basis for making an application under EU provisions.

2. Once married her French husband should simultaneously apply for an EU resident permit on form EEC1 and for indefinite leave to remain in the UK on form EEC2 including her as a dependent. This is because he has been exercising treaty rights in the UK for four years thus qualifying for ILR. Normally you would have to have held a resident permit throughout the 4 year period but the Home Office will consider retrospectivity as per caselaw. You must submit the marriage certificate, passports (or for the husband the national identity card), proof of economic activity in the last 4 years for the EU national i.e P60's and bank statements. You may be interviewed by the Home Office.

3. Note that a marriage in the UK is only valid when conducted by an approved authority in designated properties under the Marriage Acts i.e. religious intititutions, registry offices and designated buildings. It is likely a marriage in the French consulate (I believe this is not possible anyway) would be invalid.